March 5, 2010.
On March 4th, Virginia Attorney General Ken Cuccinelli declared that it is illegal for public universities in Virginia to include sexual orientation and gender identity in their non-discrimination policies and that all state universities must update their policies to make them “in accordance with the law.” (Letter to Virginia Colleges and Universities 3_4_10)
We are appalled by this statement. Such targeted and prejudiced actions follow closely on the heels of Governor Bob McDonnell’s recent decision on Feburary 5th to exclude sexual orientation in Executive Order 6 for state employment non-discrimination. Not only do these actions hurt Virginia’s lesbian, gay, bisexual, transgender, and queer (LGBTQ) population, but cost Virginia job opportunities with companies like Northrop Grumman, who have been debating about relocating their corporate headquarters to Virginia. Numerous people, including Maryland state senator Richard Madaleno Jr., have warned Northrop Grumman to study Virginia’s laws closely, particularly this recent decision by Governor McDonnell, before the LGBTQ-friendly company makes any decisions.
It is unbelievable that our “jobs governor” and his attorney general want state employees to be able to fired, or never hired to begin with, because of who they are. This move sets the tone for the state and universities and sends the message that LGBTQ individuals are not welcome in Virginia. This is a clear flip flop on his campaign promise not to promote a social agenda. As students, we need to be worrying about our class work, not contemplating how our daily lives are going to change or whether our jobs, or even our lives are safe because of the negative attitude our government holds.
If Bob McDonnell wants to make good on his promises that “his office does not discriminate against anyone,” he should be pushing the legislature to pass the employment non-discrimination bill, SB66, rather than instructing his attorney general to implement discrimination through our universities. If we are to accept his separation of powers argument (that the executive cannot change the protected classes, only the legislature), he should be making a good faith effort to make Virginia safer by leading our legislature, but instead he has moved to work against long standing protections for LGBTQ university students, faculty, and staff.
In a time when steps should be taken to bar discrimination in all forms, embrace diversity, and provide equal benefits for all people, we feel that the leadership in Virginia has taken a huge step backwards with these actions. These actions are being watched closely by those in Virginia and beyond. Such blatant targeting of a minority group has no place in Virginia – or anywhere. Virginia is already an unfriendly place for LGBTQ individuals, with McDonnell’s removal of sexual orientation protections with his executive order (reversing the order made by former governors Kaine and Warner) to the controversial Marshall-Newman Amendment, which defines marriage in the state of Virginia as being between a man and a woman. This act by Attorney General Cuccinelli makes Virginia an even more hostile place to live and work.
Sexual orientation and gender identity do not interfere with the ability to perform a job. In the workplace, people should be evaluated solely on how they perform their duties and should not have to worry about the unnecessary stress of whether or not they will be fired due to discriminatory and biased laws enacted by discriminatory and biased lawmakers. In a recent CNN poll, 69% of Americans support the repeal of “Don’t Ask, Don’t Tell,” the US military’s policy banning LGBTQ soldiers from serving openly. In a time when support for LGBTQ rights and employment non-discrimination are at an all time high, Virginia is making a huge mistake by removing employment protections based on sexual orientation.
Furthermore, based on our own research of the top 50 schools ranked by US News & World Reports, 49 of 50 schools have non-discrimination protections for sexual orientation, and 38 have protections for gender identity. If our colleges and universities are to remain in the top tier to attract the best researchers and learners. We need to keep our competitive edge, and shrinking our non-discrimination policies is exactly the opposite direction we need to be moving. (Non Discrimination Policies Research)
What this all boils down to is respect. This is a human rights issue, and having the authorization to legally discriminate against someone should not be a allowed in any legal system or university. McDonnell should continue the legacy of our beloved founder, Mr. Thomas Jefferson, author of the Virginia Statute for Religious Freedom, and promote freedom from discrimination for all – we need to be inclusive of all Virginians, whether in Charlottesville, Lynchburg, Roanoke, Bristol, Fairfax, Norfolk, Richmond or any other city in Virginia.
Sincerely,
Jenna Krotke, Co-Vice President of Queer Student Union and Secretary of Queer and Allied Activism
Seth Kaye, President of Queer and Allied Activism
Alex Tatum, President of Queer Student Union
University of Virginia
Background Information and Older Articles:
This is the Washington Post article that says that AG Cuccinelli asked William & Mary to remove sexual orientation from their non-discrimination policy. Governor McDonnell removed sexual orientation from the state employee non-discrimination clause. This is a huge step backward from the inclusive executive orders signed by former governors Kaine and Warner. McDonnell argued when he was AG that it is not within the power of the governor to change public policy by declaring sexual orientation a protected class. So far the VA senate has passed SB66.
UVA’s Non-Discrimination policy
TalkingPointsMemo.com Virginia Gov. Bob McDonnell Rolls Back Non-Discrimination Protections For Gay State Workers
The Washington Post – Mr. Cuccinelli’s Bigotry
Continuing News Coverage:
The Washington Post – Northrop Grumman pressured by Maryland legislator, gay rights groups over move
The Washington Post – UPDATED: Reaction begins to Cuccinelli letter to colleges on sexual orientation
The Washington Post – Virginia attorney general to colleges: End gay protections
Metro Weekly – Virginia Moves Against Gay Employees of Universities
CBS19 Newsplex – Article – Atty. General to UVa: Rescind Sexual Discrimination Policies - VIDEO
Hamptonroads.com – Pilot on Politics – Critics condemn Cuccinelli sexual orientation letter
Yahoo News – Va. AG: Colleges can’t ban gay discrimination
The Advocate – Virginia Attorney General to Colleges: Stop Protecting Gay People
The ACLU is prepared to offer legal representation to victims
The Richmond Times Dispatch – Gay-rights groups assail AG’s opinion on bias
The Richmond Tmes Dispatch – BUSINESS: Virginia’s Test
CAPITOL TALK: AG ‘s opinion on anti-bias policies – VIDEO
Hamptonroads.com – Pilot on Politics – Equality Virginia urges McDonnell to protect ’sexual orientation’
Towleroad.com Blog – Students Protest VA Attorney General’s Proposal (thanks for the shout out!)
The Washington Post – Va. college students lash back at Cuccinelli position on gay rights (thanks for the shout out!)
Tooconservative.com – AG Cuccinelli’s opinion on sexual orientation discrimination – bad policy, bad politics and bad law
The Washington Post – Cuccinelli position on university policies on gays draws praise, criticism
Youtube – Senator Donald McEachin in the Virginia Legislature
The Washington Post – Students irate at Cuccinelli over gay-rights policies
Lambda Legal – 2010-03-08 Letter to the Attorney General of VA
NBC WSLS10 – VIDEO – Cuccinelli talks about homosexual policy controversy
From: Michael Rao/ES/VCU <president@vcu.edu>
Date: March 5, 2010 5:45:05 PM EST
Subject: Request from the Virginia Attorney General
To the VCU and VCU Health System Communities:
Virginia Commonwealth University received a letter from Virginia Attorney General Ken Cuccinelli requesting that the Commonwealth’s public universities and colleges rescind policies that ban discrimination on the basis of sexual orientation.
The University’s senior leadership team and I are examining the issue closely. Provost Gottfredson is planning forums to provide students, faculty and staff an opportunity to discuss the implications of the Attorney General’s request.
Sincerely,
Michael Rao, Ph.D.
President, VCU and VCU Health System
Virginia attorney general to colleges: End gay protections